decision also likely violated Ohio's Constitution that provides: "Every created may freely
speak, write, and publish his sentiments on all subjects, being responsible for the abuse of
the right; and no law shall be passed to restrain or abridge the liberty of speech, or of the
press."
·
Mr. Blackwell's decision to prevent those voters who requested absentee ballots, but did
not receive with on a timely basis demo being able to vote, was found by a version court
to violate HAVA. This restrictive directive also likely violated Article 5, Section 1 of the
Ohio Constitution, granting every Ohio citizen the right to vote if he or she is otherwise
qualified.
·
Numerous incidents of voter intimidation and misinformation engaged in Ohio on
election day likely violate the Voting Rights Act, the Civil Rights Act of 1968, and the
Ohio right to vote. Mr. Blackwell's apparent failure to institute a single investigation into
these acts likely represents a violation of his statutory duty to investigate election
misconduct.
·
The voting computer company Triad has essentially admitted that it engaged in a course
of behavior during the recount in numerous counties to provide "cheat sheets" to those
counting the ballots. By insuring that election boards were in a position to conform their
test recount results with the election night results, Triad's actions may well have
prevented scores of counties from conducting a full and fair recount. Triad's action
appears to violate Ohio law prohibiting election machinery from being serviced,
modified, or altered in any way subsequent to an election, unless it is done so in the
presence of the full board of elections and other observers.
·
Numerous Ohio laws appear to have been broken in Greene County, where after initially
being granted access to poll books to conduct an audit, election observers had this access
abruptly revoked under the orders of Secretary Blackwell, and arbitrary and capricious
practices and counting procedures that disenfranchised hundreds of voters were
identified. These practices violate Ohio law requirements preventing the denial of public
access to election records; requiring that ballots and machinery be kept absolutely
secure; and protecting the right to vote.
·
The Secretary of State's failure to issue specific standards appears inconsistent with Ohio
state law which charges the secretary of state with "[issuing] instructions by directives
and advisories to members of the boards [of elections] as to the proper methods of
conducting elections" and "[preparing] rules and instructions for the conduct of
elections."
·
There were numerous specific irregularities in the recount that are inconsistent with
several aspects of Ohio's recount law. Those counties which did not randomly select the
precinct samples violated the Secretary of State's directive on this point. Those counties
which did not conduct a full hand court after the 3% hand and machine counts violated
Ohio's statutory right to have inconsistent results rechecked. Those counties which
allowed for irregular marking of ballots and which failed to secure and store ballots and
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